Who needs to file a Certificate of Service for patent reexamination?
A Certificate of Service for patent reexamination must be filed by a third-party requester when submitting a request for ex parte reexamination. This is required when the requester is not the patent owner. MPEP 2220 states: “If the requester of a request filed under 35 U.S.C. 302 is a person other than the patent owner,…
Read MoreWhere should the copy of the reexamination request be served to the patent owner?
The copy of the reexamination request must be served to the patent owner’s official correspondence address. MPEP 2220 specifies: “The service must be made on the patent owner’s correspondence address as indicated in 37 CFR 1.33(c).“ This means that the third-party requester must send the copy of the request to the address that the USPTO…
Read MoreWhat should a third-party requester do if service of the reexamination request on the patent owner is not possible?
If a third-party requester is unable to serve the reexamination request on the patent owner despite reasonable efforts, they must take specific steps. According to MPEP 2220: “If service was not possible after a reasonable effort to do so, a duplicate copy of the request papers must be supplied to the Office together with a…
Read MoreWhat information must be included in a Certificate of Service for patent reexamination?
A Certificate of Service for patent reexamination must include specific information to be valid. According to MPEP 2220: The name and address of the party served (i.e., the patent owner) The method of service used The MPEP states: “The third party requester must set forth on the certificate of service the name and address of…
Read MoreWhat is a Certificate of Service in patent reexamination?
A Certificate of Service in patent reexamination is a document that must be attached to a request for ex parte reexamination when the requester is not the patent owner. It certifies that a copy of the request has been served to the patent owner. According to MPEP 2220, “The third party requester must set forth…
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